- (1.) Appellant Tahir was tried along with his mother Nafisa in the case arising out of FIR No. 238 dated 7.4.99 registered at Police Station NIT Faridabad, under Section 304B IPC. The Court of Additional Sessions Judge (I), Faridabad, vide its judgment dated 15.5.2000, acquitted Nafisa and held Appellant Tahir guilty for the offence under Section 304-B IPC. Vide a separate order dated 19.5.2000, Appellant Tahir was sentenced to undergo rigorous imprisonment for a period of seven years for causing death of his wife Afroz. The finding whereby Appellant Tahir was convicted and Nafisa was acquitted is in the concluding portion of the judgment and the same reads as under: 32. As a result of my aforesaid discussion, I hold that the prosecution has proved beyond reasonable doubts that Afroz died an unnatural death on 6.4.1999 well within seven years of marriage with the accused Tahir and it is shown that soon before this unnatural death this accused had been subjecting her to harassment by persistently raising the demand of a cash amount of Rs. 10,000/-. This accused has, therefore, to be held guilty under Section 304-B IPC. I hold him guilty accordingly. However, benefit of doubt has to be given to the other accused Nafisa, inasmuch as, she was residing separately from the deceased and the accused Tahir for the last about 11/2 months prior to the death of the deceased and the allegations with regard to harassment of the deceased against this accused in connection with the demand of Rs. 10,000/-are not direct. I, therefore, extend benefit of doubt to this accused and order her acquittal hereby....
(2.) This appeal is directed against the above said findings contained in the judgment of conviction and order of sentence pronounced by the Court of Additional Sessions Judge, Faridabad. On 6.4.1999, Afroz died within a period of seven years of her marriage due to burn injuries in her matrimonial home. Deceased Afroz was daughter of PW.5 Saliman. She was married with Appellant Tahir about 11/2 years before the occurrence at Faridabad.
(3.) Rattan Deep Bali, Assistant Sub Inspector, on 6.4.1999 was the Incharge of Police Post Sector 4, Faridabad. On the said date, he received a ruqa Ex.PH at about 10.00 P.M. from B.K. Hospital, Faridabad. It was stated in the ruqa Ex.PH by the Medical Officer that on 6.4.1999 Tahir, present Appellant, aged 22 years, was admitted in the hospital at about 5.35 P.M. On the receipt of ruqa, on the same day, Rattan Deep Bali, Assistant Sub Inspector, submitted an application Ex.PI before the Medical Officer, asking as to whether Tahir is fit to make a statement or not. On the opinion Ex.PI/1 given by the doctor, that Appellant Tahir was fit to make the statement, his statement Ex.PJ was recorded. In his statement, Appellant Tahir stated that he was a tenant in House No. E-286, S.G.M. Nagar, Faridabad and was plying a hired Auto rickshaw. He further stated that he was married one year ago with Afroz, no issue has been born from the wedlock and he was residing separately from his parents. Due to accident, he had suffered an injury in left ankle and therefore, was unable to ply three wheeler. After taking his afternoon meals he and his wife had slept. His wife, after asking him to cook rice had gone to the kitchen. He saw smoke coming from the kitchen and found that his wife had caught fire. He had made an attempt to douse the fire and had suffered the burn injuries.;